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Minutes - City Council - Regular - 9/23/1976
flen J94 su )g1976 REGULAR CITY COUNCIL MEETING SEPTEMBER 23, 1976 The City Council of the City of Lubbock, Texas, met at 9:30 A.M. in the regular meeting place at City Hall, the following members thereof being present, to -wit: Mayor Roy Bass, Councilman Dirk West, Councilwoman Carolyn Jordan, Councilman Alan Henry, Council- man Bill McAlister, City Manager Larry Cunningham, City Attorney Fred 0. Senter, Jr., City Secretary -Treasurer Treva Phillips. Absent: None 76-35-362-780 The invocation was given by Sam Wahl, Director of Public Works. (1) 76-35-362-781 The Pledge of Allegiance to the Flag was given in unison by those present in the Council Chamber. (2) 76-35-362-782 Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor (3) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve City Council Minutes - Regular Meeting held September 9, 1976, and Special Meeting held September 14, 1976. 76-35-326-783 George Wall, District Engineer, Texas Highway Department, appeared before the City Council and (7) presented four options for the City of Lubbock to consider in determining possible urban system projects. These options have been reviewed with Jim Bertram, Director of Planning, Willie Watson, City Engineer, Bill McDaniel, Director of Traffic, and Sam Wahl, Director of Public Works, and they all agree that Option No. 4, as presented by Mr. Wall would be their recommendations. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve Option No. 4 as set as below: M.H. 41 Avenue H & Texas S.H. 116 19th Street & Tech Freeway S.H. 116 Railroad to Raliegh F.M. 1730 Slide Road 76-35-362-784 Harold Humphries, Chairman of the Civic Centers Board, appeared before the City Council and (8b) presented a proposed resolution authorizing the Mayor to execute a lease for office space to the Convention Bureau. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. I?I WL-WISNA W re111 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK a Lease Agreement between the CITY OF LUBBOCK and the LUBBOCK CONVENTION AND TOURISM BUREAU, attached herewith which shall be spread upon the Minutes of the Council, and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of September, 1976. /s/ Roy Bass ATTEST: ROY BASS, MAYOR /s/ Treva Phillips � Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK � LEASE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THIS Agreement entered into between the CITY OF LUBBOCK, hereinafter called "CITY" and the LUBBOCK CONVENTION AND TOURISM BUREAU, hereinafter called "BUREAU". 19 0 W 1 *33 DV 9 .69 I. The CITY shall lease to the BUREAU three (3) offices in the Memorial Civic Center, which shall be within the office area and designated by the Civic Center Director. These are designated and identified by the following numbers (see attached sheet) E150, E156, E157. II. The term of this lease shall be for one year beginning on the actual date of occupancy, and ending on the expiration of twelve (12) months from such date. The BUREAU shall pay to the CITY as rental for such premises the sum of FOUR HUNDRED AND N0/1001 363 SEP 2 3 1976 ($400.00) DOLLARS per month with the first payment to be made on the consumation of this Agree- ment as shown above and like sum on the same day of each succeeding month during the term of this Agreement. IV. The CITY shall furnish usual office furniture such as desks and chairs, and the BUREAU shall be responsible for furnishing any other equipment or office supplies. The CITY shall furnish all utilities with the exception of telephone or teletype which shall be the responsi- bility of the BUREAU. kv The BUREAU shall be considered a leasee of the premises and shall maintain the premises in a manner acceptable to the Civic Center Director and shall hold the CITY harmless from damage to the premises, its contents, patrons, or employees of the BUREAU. VI. This Lease may be terminated by the expiration of the term stated hereinabove or upon viola- tion of any of the conditions of this Lease or by mutual agreement of the parties. Notice in regard to termination of this Lease or violation of any of its conditions shall be considered properly delivered when handed in person or mailed to the Director of the Memorial Civic Center, Civic Center, Lubbock, Texas; and to the Director of the Convention and Tourism Bureau, Civic Center, Lubbock, Texas. EXECUTED this 23rd day of September, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: CITY OF LUBBOCK /s/ Roy Bass ROY BASS, MAYOR CONVENTION AND TOURISM BUREAU /s/ Dr.James Granberry Dr. James Granberry, President /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 76-35-363-785 Harold Humphries, Chairman of the Civic Centers Board, appeared before the City Council and (8c) presented proposed Civic Center rental rate adjustments. After consideration of all informa- tion presented, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the Civic Center Rental rate adjustments as follows: PROPOSED RENTAL RATES FOR LUBBOCK MEMORIAL CIVIC CENTER CLASS 1- COMMERCIAL EVENTS EVENTS WITHIN THIS CLASSIFICATION INCLUDE THE FOLLOWING: PRIVATE EVENTS PROMOTED FOR PROFIT PUBLIC ENTERTAINMENT EVENTS PROMOTED FOR PROFIT SPORTING EVENTS PROMOTER SPONSERED CONVENTIONS OR EXPOSITIONS WHERE SPACE IS SUB -LEASED TO EXHIBITORS TRADE SHOWS OR CONSUMER SHOWS PROMOTED FOR PROFIT NOTE: LMCC SHALL RECEIVE THE BASIC RENTAL RATE OR 10% OF THE ADJUSTED GROSS RECEIPTS OF TICKET �• SALES TO THE PUBLIC. CLASS 1 RENTAL RATES EXHIBIT HALL $750.00 THEATER $400.00 BANQUET HALL $500.00 NOTE: BANQUET HALL RATE IS NOT FOR RENTAL FOR MEAL FUNCTIONS. MEETING ROOMS: 6 ROOMS CAPACITY 75 $50.00 5 ROOMS CAPACITY 100 $75.00 1 ROOM CAPACITY 150 $100.00 2 ROOMS CAPACITY 200 $125.00 1 ROOM CAPACITY 250 $150.00 HOSPITALITY SUITE $75.00 VIP SUITE $150.00 EP 231976 ENTIRE CIVIC CENTER COMPLEX $2,500.00 PER DAY MALL SURFACE AREA $ .03 PER SQUARE FT. GROSS CLASS 2 NON-COMMERCIAL, NON-PROFIT EVENTS (WHEN ADMISSION FEES ARE CHARGED AND/OR COLLECTIONS, CONTRIBUTIONS, OR DONATIONS ARE TAKEN.) EVENTS WITHIN THIS CLASSIFICATION INCLUDE THE FOLLOWING: POLITICAL MEETINGS LOCAL FINEAND/OR PERFORMING ARTS ORGANIZATIONS CHURCH SPONSERED MEETINGS CHURCH SPONSERED SOCIAL FUNCTIONS LOCAL ORGANIZATIONS SPONSERING PUBLIC ATTRACTIONS WHERE 100% OF THE GATE RECEIPTS REMAIN WITH THE LOCAL SPONSER. LOCAL ORGANIZATIONS SPONSERING PUBLIC ATTRACTIONS WHERE ONLY A PERCENTAGE OF THE GATE RECEIPTS REMAIN WITH THE SPONSER AND THE LARGEST PERCENTAGE OF THE MONEY GOES TO AN OUTSIDE PROMOTER. (LMCC WOULD RECEIVE 10% OF GROSS TICKET SALES AFTER TAXES) CLASS 2 RENTAL RATES EXHIBIT HALL $600.00 THEATER $300.00 BANQUET HALL $400.00 NOTE: BANQUET HALL RATE IS NOT FOR RENTAL FOR MEAL FUNCTIONS. MEETING ROOMS: 6 ROOMS CAPACITY 75 5 ROOMS CAPACITY 100 1 ROOM CAPACITY 150 2 ROOMS CAPACITY 200 1 ROOMS CAPACITY 250 ENTIRE COMPLEX MALL SURFACE AREA $30.00 $40.00 $60.00 $80.00 $100.00 $2000.00 PER DAY $ .025 PER SQUARE FOOT GROSS CLASS 3 NON-COMMERCIAL, NON PROFIT EVENTS (NO ADMISSIONS CHARGED NOR CONTRIBUTIONS, COLLECTIONS, DONATIONS TAKEN) EVENTS WITHIN THIS CLASSIFICATION INCLUDE THE FOLLOWING: RELIGIOUS MEETINGS EDUCATIONAL MEETINGS POLITICAL MEETINGS GOVERNMENT MEETINGS ARTS GROUP MEETINGS CONVENTION MEETINGS (NO EXHIBIT SPACE SOLD) OTHER LOCAL NON PROFIT EVENTS CLASS 3 EXHIBIT HALL THEATER BANQUET HALL (EXCLUDING MEALS) MEETINGS ROOMS CAPACITY 6 ROOMS 75 5 ROOMS 100 1 ROOM 2 ROOMS 1 ROOM MALL SURFACE AREA 150 200 250 ENTIRE CIVIC CENTER COMPLEX NOTES: RENTAL RATES $550.00 $250.00 $350.00 $25.00 $35.00 $45.00 $60.00 $75.00 $ .025 PER SQUARE FT. GROSS $1800.00 PER DAY RATES MAY BE NEGOTIATED BY THE DIRECTOR WITH THE FINAL APPROVAL BY THE CIVIC CENTER BOARD. IN ORDER TO PLACE A HIGH PRIORITY FOR THE SCHEDULING OF CONVENTIONS BY THE CONVENTION BUREAU, THE CIVIC CENTER CALENDER MUST BE KEPT OPEN WITHIN REASON. WHEN UNFILLED DATES ARE NINE MONTHS 365 SEP 2 3 1976 OR LESS, EVENTS FOR LOCAL GROUPS MAY BE SCHEDULED. GROUPS RENTING LMCC FOR THREE DAYS OR LONGER WILL NOT BE CHARGED FOR ONE DAY OF MOVE -IN AND ONE DAY FOR MOVE -OUT. OTHERWISE MOVE-IN/OUT CHARGES WILL BE 40% OF DAILY, BASIC RENTAL. THEREWILL BE NO CHARGE FOR THE INITIAL PORTABLE CHAIR SET-UP FOR PUBLIC TICKET -SELLING ATTRACTIONS. 76-35-365-786 Mrs. Gerald Marable appeared before the City Council and discussed public health problems of (9) scabies among numerous children treated by the Sick Children's Clinic. After considerable dis- cussion, it was the consensus of the City Council to instruct the City Staff to get in touch with Ed Irons, Superintendent of the Lubbock Independent School District, and other school offi- cials to try to work out a health education program in the schools in an effort to control this disease and furnish treatment. 76-35-365-787 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (11} Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7328 on second and final reading. ORDINANCE NO.7328 AN ORDINANCE ESTABLISHING A 20 MPH ZONE FOR TRAFFIC BETWEEN THE HOURS OF 7:45 A.M. AND 3:30 P.M. ON SCHOOL DAYS ON BOTH SIDES OF ELGIN AVENUE IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AT THE LOCATION HEREIN SET FORTH IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO: REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CONFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE AND FOR PUBLICATION HEREOF AND A PENALTY CLAUSE. 76-35-365-788 The City Council considered the passage of Ordinance No. 7325 on second reading changing property (18) located south of Loop 289 and east of Indiana Avenue by amending Ordinance No. 6489, (Zone Case No. 1391-F). Ralph Brock appeared before the City Council representing Pollard Ford, proponent in this zone case. Glad Norman, of the Board of Directors of Melonie Park South Home Owners Asso- ciation, appeared in opposition to passage of this ordinance. After considerable discussion, motion was made by Councilman McAlister to pass Ordinance No. 7325 on second reading. This motion died for lack of a second. After further discussion, motion was made by Councilman West, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to hold this item for two weeks to give the Home Owners' Association and Mr. Pollard an opportunity to get together to work out an agreement; if they are unable to do so, the City Council will act on this item at the next regular Council meeting. 76-35-365-789 NOTICE (20) OF CITY COUNCIL HEARING NOTICE is hereby given to owners of the property hereinafter described or referred to and to all other persons as provided by law, that the City Council will hold a public hearing on the 23rd day of September, 1976, at 10:30 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the zoning district of the property herein described be changed; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Zoning Ordinance and map will be amended in accordance with such recommendation: 1. Zone Case #2096 - Request of H.H. Brady to change Lot 2, Block 22, Surburban Homes Addi- tion, City of Lubbock, Lubbock County, Texas, from R-3 to C-4 Zoning District. (Located North of 44th Street and about 150 feet East of Avenue H.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 2. Zone Case #2097 - Request of Reed B. Loflin (for Urban Renewal Agency) to change Lots 1, 2, 3, and 8, Block 2 and 3, Acuff Heights Addition, City of Lubbock, Lubbock County, Texas, from R-1 to C-4 Zoning District. (Located Northeast and Southeast corners of 3rd Street and Texas Avenue.) The Planning and Zoning Commission recommended to the City Council that this request Be granted. 3. Zone Case #1542-B - Request of Gene Murrell (for Furr's Realty and Russell Wolf, Trustee) to change a tract of land out of Section 10, Block E-2, City of Lubbock, Lubbock County, Texas, from C-2 with conditions to C-3 Zoning District. Property is further described by metes and bounds to wit: BEGINNING at a point which bears S89°57'30"SW a distance of 581.18 feet and North 733.88 feet from the southeast corner of the Northeast quarter of Section 10, Block E-2, Lubbock County, Texas; THENCE S62057'W a distance of 501.77 feet; THENCE N27003'W a distance of 740.0 feet; THENCE N230 39' 38"E a distance of 350 feet; THENCE S66020' 22"E a distance of 392 feet to a point of curvature; THENCE around a curve to the right, said curve having a radius of 215 feet, a delta angle of 66° 17' 22", tangent lengths of 140.40 feet; and a cord distance of 235.11 feet to a point of reverse curvature; sp 2 3 1976 THENCE around a curve to the left, said curve having a radius of 390 feet, a delta angle of 27% tangent lengths of 93.63 feet, and a chord distance of 182.09 feet; THENCE S27003'E a distance of 247.43 feet to the Place of Beginning. (Located Southwest corner Loop 289 and Quaker Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be granted subjectto the following conditions: 1. That a preliminary plat is filed on all property under one ownership for the next Planning and Zoning Commission meeting. 4. Zone Case #2090-A - Request of City of Lubbock (for U-N-I-T Neighborhood Association) to change Lots 26, 27, and 28, Block 1, Green Acres Addition, City of Lubbock, Lubbock County, Texas, from R-2 to R-1 Zoning District. (Located West of Canton Avenue and about 155' Southof 26th Street.) The Planning and Zoning Commission recommended to the City Council that this request be granted. 5. Zone Case #1585-E - Request of Robnett Griffith Realtors(for Buzz Robnett Trustee) to change Lots 19- and 20, Wacasey Addition, City of Lubbock, Lubbock County, Texas, from A-2 to AM Zoning District. ( Southeast corner of 28th Street and Quaker Avenue.) The Planning and Zoning Commission recommended to the City Council that this request be granted subject to the following condition: 1. That it be tied to the site plan. 2. That it be limited to medical offices. 6. Zone Case #1266-D - Request of The Osborne Co., Realtors (for Stephen Von Phul) to change Lots 414 and 415, Alford Terrace Addition, City of Lubbock, Lubbock County, Texas from C-2A restricted to office to C-2A restricted to day nursery Zoning District. (Located Southeast corner of 13th Street and Aberdeen.) The Planning and Zoning Commission recommended to the City Council that this request be granted. /s/ Treva Philli s Treva Phillips, City Secretary MnTTCF VP CITY COUNCIL HEARING NOTICE is hereby given to all interest persons as provided by law, that the City Council will hold a public hearing on the 23rd day of September, 1976 at 10:30 A.M., in the City Council Chamber on the Second Floor of the City Hall in Lubbock, Texas, to consider the recommendations of the Planning and Zoning Commission that the Sub -Division Regulation Ordinance 1331 be amended to amend Sections of said Subdivision Regulation as described below; and at which time and place all interested persons will be given an opportunity to be heard, after which hearing, the City Council will determine whether the Subdivision Regulation will be amended in accordance with such recommendation: Section 29-3.A.(2). Twenty (20) copies of the preliminary plat and/or plat for re -approval shall be submitted to the secretary, Planning and Zoning Commission, at least twenty (20) days prior to the meeting at which it is to be considered, together with the deposit' of an application and processing fee in the amount of twenty-five dollars if the plat contains one acre or less plus an additional fee of five dollars for each acre or portion of an acre in the plat over one acre. Preliminary plats submitted for re -approval must be accompanied by a fee of twenty-five dollars if the plat contains one acre or less plus an additional fee of five dollars for each acre or portion of an acre in the plat over one acre except that in no case shall the total fee for re - approval exceed fifty (50) dollars. Section 29-3.B.(2). Fifteen (15) copies of the final plat, together with two (2) reproducible sepias and supplementary materials required for approval shall be prepared as specified in Section 29-6 of this Code, and shall be submitted to the Planning and Zoning Commission within three hundred sixty-five (365) days after approval of the preliminary plat; otherwise, such approval shall become null and void. /s/ Treva Philli s Treva Phillips, City Secretary In accordance with the above Notice of the City Council Hearing, hearing was held on Zone Case No. 2096 - Request of H. H. Brady to change property located north of 44th Street and about 150' east of Avenue H from "R-3" to "C-4" Zoning District. The Planning and Zoning Commission recom- mended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. No one came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Mc- Alster, seconded by Councilman West,motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zon- ing Commission and pass Ordinance No. 7331 on first reading. e 3"7 SEP 2 3 1976 am ORDINANCE NO. 7331 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2096; CHANGE LOT 2, BLOCK 22, SUBURBAN HOMES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS FROM R-3 TO C-4 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-367-790 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (21) 2097 - Request of Reed B. Loflin (for Urban Renewal Agency) to change property located on the northeast and southeast corners of 3rd Street and Texas Avenue from "R-1" to "C-4" Zoning District. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Reed B. Loflin appeared in support of this zone change request. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7332 on first reading. ORDINANCE NO. 7332 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2097; CHANGE LOTS 1, 2, and 3, BLOCK 2, AND LOT 8, BLOCK 3, ACUFF HEIGHTS ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-1 TO C-4 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-367-791 Councilman Dirk West abstained from voting on Zone Case No. 1542-B. (22) In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. 1542-B - Request of Gene Murrell (for Furr's Realty and Russell Wolf, Trustee) to change property located at the southwest corner of Loop 289 and Quaker Avenue from "C-2" with conditions to "C-3" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following condition: That a preliminary plat is filed on all property under one ownership for the next Planning and Zoning Commission meeting. Mayor Bass called for proponents and opponents to appear before the City Council. 0. V. Scott, Attorney for the proponents, appeared in support of this zone change request. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. No one else came forward; whereupon, Mayor Bass announced that the hearing was closed. After con- sideration of all information presented, motion was made by Councilman Henry, seconded by Council- man McAlister, motion carried, Mayor Bass, Councilwoman Jordan, Councilmen West and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7333 on first reading. ORDINANCE NO. 7333 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE N0. 1542-B; CHANGE A TRACT OF LAND OUT OF SECTION 10, BLOCK E-2, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-2 TO C-3 ZONING DISTRICT; PROVID- ING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-367-792 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (23) 2090-A - Request of the City of Lubbock (for U-N-I-T Neighborhood Association) to change property located west of Canton Avenue and about 155' south of 26th Street from "R-2" to "R-1" Zoning District. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. No one came for- ward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7334 on first reading. ORDINANCE NO. 7334 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 2090-A; CHANGE LOTS 26, 27, AND 28, BLOCK 1, GREEN ACRES ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM R-2 TO R-1 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-368-793 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (24) 1585-E - Request of Robnett-Griffith Realtors (for Buzz Robnett, Trustee) to change property located on the the southeast corner of 28th Street and Quaker Avenue from "A-2" to "AM" Zoning District. The Planning and Zoning Commission recommended that this request be granted subject to the following conditions: 1) That it be tied to the site plan 2) That it be limited to medical offices. Mayor Bass called for proponents and opponents to appear before the City Council. Jim Bertram, Director of Planning, presented the recommendations of the Planning and Zoning Commission. Bob Schmidt, of the Planning and Zoning Commission, also appeared. No one else came forward; where- upon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7335 on first reading, subject to the site plan presented on this date. SEp 2 3 IS76 ORDINANCE NO. 7335 r AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGE: ZONE CASE NO. 1585-E; CHANGE LOTS 19 AND 20, WACASEY ADDITION, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM A-2 TO AM ZONING DISTRICT; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35-368-794 In accordance with the above Notice of City Council Hearing, hearing was held on Zone Case No. (25) 1266-D - Request of The Osborne Co., Realtors (for Stephen Von Phul) to change property located at the southeast corner of 13th Street and Aberdeen from "C-2A" restricted to offices to "C-2A" restricted to day nursery. The Planning and Zoning Commission recommended that this request be granted. Mayor Bass called for proponents and opponents to appear before the City Council. Don Osborne appeared in support of this zone change request. No one else came forward; where- upon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman McAlister, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7336 on first reading. ORDINANCE NO.7336 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 4558 OF THE CITY OF LUBBOCK BY AMENDING THE CON- DITION MADE A PART THEREOF BY PROVIDING FOR A DAY NURSERY; PROVIDING A SAVINGS CLAUSE AND PRO- VIDING FOR PUBLICATION. 76-35-368-795 In accordance with the above Notice of City Council Hearing, hearing was held on proposed amend- (26) ments to the Subdivision Regulation Ordinance No. 1331 regarding preliminary plats and final plats. Mayor Bass called for all, interested persons to appear before the City Council. No one came forward; whereupon, Mayor Bass announced that the hearing was closed. After consideration of all information presented, motion was made by Councilman Henry, seconded by Councilman Mc- Alister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to uphold the recommendations of the Planning and Zoning Commission and pass Ordinance No. 7337 on first reading. ORDINANCE NO. 7337 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "SUBDIVISIONS", BY AMENDING SUB -SECTION (2) OF SUB -SECTION A OF A SECTION 29--3 THEREOF PROVIDING FOR COPIED OF PRELIMINARY PLATS AND THE PROCESSING FEE; AMENDING SUB -SECTION (2) OF SUB -SECTION I B OF SECTION 29-3 THEREOF PROVIDING FOR COPIES OF FINAL PLATS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 76-35 -368-796 Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor (30) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK an Agreement between the CITY OF LUBBOCK, the STATE OF TEXAS and the ATCHISON, TOPEKA and SANTA FE RAILWAY COMPANY Covering a grade crossing warning system to be installed at Slide Road, attached herewith which shall be spread upon the Minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of ' this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of September, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter. Jr. Fred 0. Senter, Jr., City Attorney /s/ Roy Bass ROY BASS, MAYOR Lubbock County Control 1344-3-2 Project RRP 514 (1) Slide Road STATE OF TEXAS Serial No. 3620 COUNTY OF TRAVIS THIS AGREEMENT, made this 16th day of July, 1976, by and between the State of Texas, act- ing by and through the Bridge Engineer of the State Department of Highways and Public Transporta- tion, hereinafter called the "State," party of the First Part, and The Atchison, Topeka and Santa Fe Railway Company, a corporation, hereinafter, whether one or more, called the "company," Party of the Second Part, acting by and through W.R. Hill its Ass't to General Manager, and the City of Lubbock, Texas, hereinafter called the "political subdivision," Party of the Third Part, acting by and through its duly authorized contracting officers. 39 SEP G a 10/b W I T N E S S E T H WHEREAS, Slide Road crosses the railroad line of the company at a point 967.3 feet north- east of Railroad Milespost 5, in Lubbock, Lubbock County, Texas, and the State and the political subdivision propose to install grade cossing warning systems of the type and at the crossing as shown on print marked "Exhibt A," attached hereto and made a part hereof, and WHEREAS, it has been determined that this work is eligible for Federal -Aid participation under the provisions of the Highway Safety Act of 1973, Section 203, which is adminstered by the State, and WHEREAS, the State has approved a program of work which includes this project, and WHEREAS, it is understood that references to the "State" hereinafter apply to obligations and considerations during project construction, and that references to the political subdivision hereinafter apply to continuing obligations and considerations after completion of the project. A G R E E M E N T NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1. The company hereby gives to the State and the political subdivision permission to in- stall the grade crossing warning systems and to use the crossing at the intersection of the railroad and street or road as shown on Exhibit "A". 2. It is agreed that all existing agreements between the company and the political sub- division concerning licenses, permits, leases or easements at this location shall remain in full force and effect. 3. The permission, given hereby, shall not in any way prevent the company from operating its trains across the land over which permission has been given. It is expressly agreed that no legal right of the company to maintain, use locate, align, realign and relocate the railroad track now located across the premises, and to construct and thereafter maintain, use and relocate any additional track or tracks, or other facilities, as it may desire, across said street or road at said intersection, shall be in anywise affected by the giving of this permission, subject, however, to the provisions of paragraph 8 hereof. In the event of any such changes the company shall restore the street or road to a proper condition for the use of the traveling public to the satisfaction of the political subdivision. 4. The company and state agree jointly to prepare plans and estimates based upon specifi- cations approved by the company and the State for the proposed grade crossing warning systems. After having been approved in writing by the company, the State, and the political subdivision, said plans, specifications and estimates covering the installation of said warning systems shall be attached hereto marked "Exhibit B" and made a part hereof. No changes in the Exhibit "B" are to be made without written approval of such changes by the company, the State, and the political subdivision. 5. The company, unless otherwise provided, shall make such changes or alterations in the tracks, communication and signal, pole and wire lines, pipe sewer and drainage or other facili- ties or buildings located upon the company's right-of-way, which may be displaced or required by the construction of the project, as may be necessary to maintain continuous service and conform them to said construction and restore them to former condition for service either prior to, during or following construction of said work, all of which, as far as known to the company, shall be shown on the said plans. The company shall prepare plans and estimates subject to approval by the State, for the adjustment of such facilities. Such plans and estimates shall be attached hereto and made a part of Exhibit "B." Any known work to be done, not shown on the plans and in the estimates will not be paid for. 6. Materials required for the installation of the grade crossing warning systems are to be furnished by the company. Said materials are to be of the kind and quality as described or shown on the plans, specifications and estimates. The company will furnish to the State a detailed estimate of all items needed in connection with the proposed installation. 7. The company shall install materials to be furnished by it and shall do other work as required to put such grade crossing warning systems into operation in accordance with Exhibit "B." 8. The company shall maintain and operate the grade crossing warning systems as installed and in accordance with the design of operation as shown on Exhibit "B." No changes are to be made in the design or operation of said warning systems without the written approval of the State and the political subdivision. In futture maintenance painting, the company agrees to re- tain the painting color combination as accepted at the time of installation, unless otherwise agreed upon in writing by the company and the political subdivision. 9. If the crossing of the street or road and railroad as shown on Exhibits "A" and "B" is ever abandoned, the grade crossing warning systems installed under this contract shall not be removed by the company to any point other than that which might be approved by the political subdivision. 10. The State agrees to furnish such construction stakes and/or elevations as are required for the proper construction of the project. Any field engineering performed by the company to check or verify the accuracy of any work performed shall be without expense to the State or the political subdivision. 11. The company shall commence the work to be done by it herein within two weeks after receipt of written notice from the State that the workmay proceed and shall proceed diligently to the conclusion of its obligations herein. Reimbursement will not be made for work undertaken by the company which is performed at the site of the project prior to the issuance of such work 3'7 S EP 2 3 1976 order by the State. This does not apply to the assembly at the railroad stores or loading points of materials which might be used on the project. Such assembly may be undertaken sufficiently in advance to assure prompt delivery but reimbursement for any materials or handling charges will be contingent upon the issuance of a work order by the State to the company. 12. Reimbursement to the company will be made for work performed and materials furnished, including but not limited to, insurance premiums and coverage at the rate and amount set forth in the approved cost estimate attached, in accordance with the provisions of Federal Aid Highway Program Manual, Volume 1, Chapter 4, Section 3, issued by the Federal Highway Administration on April 25, 1975, and amendments thereto except as modified by the provisions herein. 13. In the event that construction is not undertaken, or in the absence of a work order being issued by the State to the company, the State and the political subdivision will not be respon- sible for any expense incident to any cost incurred in connection with any provision of this con- tract. 14. Railroad and utility company bills. a. The Company may submit monthly bills prepared in satisfactory form for work per- formed in compliance with this agreement provided the cost to be billed exceeds $500.00. Upon reciept of said montly bills, the State will make a payment to the company. The amount of such ,payment may be up to 90% of the cost of the work performed and as covered by said bill. Sub- sequent to the final audit the State will make final payment to the company for work performed and materials furnished in accordance with this agreement and approved plans and specifications and approved changes thereof. b. In the event that the company does not desire monthly payments, then upon satis- factory completion of the work performed by the company under this agreement and receipt of a statement in proper form, the State shall make payment to the company. The amount of said pay- ment may be up to 90% of the cost of such work. Subsequent to the audit the State will make final payment to the company for work performed and materials furnished in accordance with this agree- ment and approved plans and specifications and approved changes thereof. 15. The company shall retain all records for auditing purposes for a period of three years after payment of the final bill. 16. All provisions ,governing the State which are stipulated herein shall automatically cease and terminate upon official completion of the project and payment of the final bill. 17. The State expects to be reimbursed for its expenditures hereunderfrom funds provided by the United States Government. Such reimbursement can only be obtained by the State by com- pliance with the statutes, rules and regulations from time to time enacted and promulgated by the United States Government and its Federal Highway Administration. In case such statutes, rules or regulations shall hereafter be altered or amended in such manner as to affect the State's right to such reimbursement or funds from which this construction is proposed are not available, the State reserves the right to cancel this agreement at any time prior to the actual starting of work at the project site. 18. Compliance with Title VI of the Civil Rights Act of 19764. During the performance of this contract, the company (referred to as the "contracto " in the following paragraphs numbered 1 through 6), for itself, its assignees and successors in interest, agrees to comply with the following six paragraphs except in those instances where work under- taken under this agreement performed by its own forces. (1) Compliance with Regulations" The contractor will comply with the Regulations of the De- partment of Commerce relative to nondiscrimination in federally -assisted programs of the De- partment of Commerce (Title 15, Code of Federal Regulations, Part 8, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirect- ly in the discrimination prohibited by Section 8.4 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A -II of the Regulations. (3) Solicitations for Subcontract, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the Federal Highway Administration to be pertinent to ascertain com- pliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this infor- mation, the contractor shall so certify to the State, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the non- discrimination provisions of this contract, the State shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies, and /nr 3"1 SEP 76-35-371-797 (31) 76-35-371-798 (32) 76-35-371-799 (33) (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases or equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurements as the State or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction the contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 19. If at any time it is determined that said warning systems are operating excessively due to railroad changes in trackage, circuits or train operation, the company shall, at its expense, promptly take steps to eliminate the excessive operation of the signals. 20. It has been determined that no benefits shall be construed as accruing to the company and no contribution to this project will be required of the company. 21 The political subdivision and company mutually agree that this agreement shall be effec- tive from its date, and thereafter until terminated by either party giving to the other eighteen (18) months written notice of its desire to terminate the same. Upon such or any other termina- tion, political subdivision will surrender possession of the licensed premises to company. However, its is understood that any prior agreements and/or rights of the parties will not be affected. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in trip- cate on the day above stated. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY B G. R. Hill (Title) ASSISTANT TO GENERAL MANAGER ATTEST: (Seal) /s/ 0. H. Blackwell, Jr. Assistant Secretary for Company RECOMMENDED: (Title) APPROVED AS TO FORM: Attorneys for Company CITY OF LUBBOCK By: /s/ Roy Bass _ ROY BASS, MAYOR ATTEST: (Seal) /s/ Treva Phillips Treva Phillips, City Secretary --Treasurer THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders established policies, or work porgrams heretofore approved and authorized by the State Highway and Public Transportation Commission: By: Bridge Engineer Under authority of State Highway and Public Transportation Commission Minute Order No. 70104, dated June 20, 1975 RECOMMENDED FOR APPROVAL: District Engineer Supervising Office Engineer Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale of Parcel 29360-2-11, Community Development lst Year to Raul Sepeda for a consideration of $800 to be redeveloped as a single family residence, subject to the proper alignment of Boston Avenue. Motion was made by Councilman McAlister, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to approve the price and conditions of sale of parcel 7C-7-7, Fourth Action Year Phase I, to Thomas Ranold John- son for a consideration of $4,100 to be redeveloped with four duplexes. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK an Agreement between the CITY OF LUBBOCK and the STEER- ING COMMITTEE of the LUBBOCK URBAN TRANSPORTATION STUDY covering an extension of the existing agreement from September 1, 1976 through August 31, 1977, attached herewith which shall be spread upon the Minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. SEP 2 3 1976 Passed by the City Council this 23rd day of September, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Seater, Jr. Fred 0. Senter, Jr., City Attorney CONTRACT STATE OF TEXAS I COUNTY OF LUBBOCK I /s/ Roy Bass ROY BASS, MAYOR THIS CONTRACT, entered into this 23rd day of September, 1976, by and between the Steering Committee of the Lubbock Urban Transportation Study (Metropolitan Planning Organization), here- inafter referred to as the "MPO" and the City of Lubbock, Texas, hereinafter referred to as the TrCity" . WITNESSETH WHEREAS, on October 23, 1975, the MPO entered into a contract with the City of Lubbock, Texas; NOW THEREFORE, it is hereby agreed that the aforementioned contract of October 23, 1975, shall, subject to the condition hereinafter stated, be extended to cover the period from Sep- tember 1, 1976 - August 31, 1977.. Work will be performed as set forth in the Unified Work Program FY 1977 (September 1, 1976 - August 31, 1977). Condition: Exhibit "B" attached hereto shall replace Exhibit "B" as attached to the aforementioned contract of October 23, 1975. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed on the aforementioned date. PARTY OF THE FIRST PART Steering Committee Lubbock Urban Transportation Study /s/ Samuel W. Wahl Samuel W. Wahl, Chairman ATTEST: /s/ Glenn Y. Johnson Glenn Y. Johnson, Secretary PARTY OF THE SECOND PART City of Lubbock /s/ Roy Bass Roy Bass, Mayor ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney EXHIBIT B SUMMARY OF FY 1977 (Sept. 1, 1976 - Aug. 31, 1977) LUBBOCK URBANIZED AREA TASK STUDY ELEMENT 201.1 Capacity Study of Intersections 401.1 Accident Study 501.1 Urban Travel Demand Forecasting 601.1 City of Lubbock Street Inventory (Phases 1 and 2) 701.1 Rural Land Use 801.1 Updating Social, Economic and TOTALS Man Hours Fringe Benefits [ 34.4% Printing and Xerox Travel Expense ESTIMATED COST SECTION 112 (PL) FUNDS AGENCY RECEIVING 112 FUNDS MPO CITY OF LUBBOCK $ $ 3,810 2,820 900 13,909 7,837 8,300 $ 900 $ 36,676 $ $ 22,318 12,008 2,350 900 TOTALS $ 900 $ 36,676 73 SEP 2 3 1976 76-35-373-800 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (34) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- s ing resolution be passed. RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON (PORTIONS) OF (STREETS AND AVENUES) AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Brunken Hill Addition - Tract "A", made arrangements with Kerr Construction Company for the construction of paving improvements on certain (streets) dedicated in said sub- division plat of Brunken Hill Addition - Tract "A" including the following (streets); 72nd Street from its intersection with the West taw Edge of Frankford Avenue to its intersection with (a line) 15 feet west of the west property line of Genoa Avenue known and designated as (New Subdivision) Sub -Unit Number 71 of Unit Number 2019. 73rd Street from its intersection with the West Raw Edge of Frankford Avenue to its intersection. with (a line) 15 feet west of the west property line of Genoa Avenue known and designated as (New Subdivision) Sub -Unit Number 72 of Unit Number 2019. Genoa Avenue from its intersection with the North Lip Line of 73rd Street to its intersection with the South Lip Line of 72nd Street known and designated as (New Subddvision) Sub -Unit Number 73 of Unit Number 2019. AND WHEREAS, the construction of the above improvements on the abovementioned (streets) was performed under the supervision of the City Engineer, and said improvements have been completed and have been inspected and found to have been constructed in accordance with the provisions of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. I. That the improvements on said portions of the abovementioned (streets) be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost (and to release escros money). II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson Wilford D. Watson, City Attorney CONSOLIDATED FINAL Brunken Hill Addition Accepted September QUANTITIES /s/ Roy Bass ROY BASS, MAYOR APPROVED: /s/ Fred 0. Sentert_Jr. Fred 0. Senter, Jr., City Attorney ESTIMATE - Tract "A" 23, 1976 S.Y. S.Y. S.Y. Unit & Paving L.F. Alley Valley Sub -Unit Location 6" Base C & G Return Gutter 2019-71 72nd St. from W. Raw Edge of Frankford Ave. to 15' W. of WPL of Geonoa Ave. Church Quantities 1,171.11 566.77 26.27 Mr. Brunken Quantities 1,454.77 645.31 26.27 2019-72 73rd St. from W. Raw Edge of Frankford Ave. to 15' W. of WPL of Genoa Ave. Church Quantities 1,171.11 566.77 26.27 Mr. Brunken Quantities 1,324.00 652.77 26.27 City Quantities 728.33 5.56 2019-73 Genoa Ave. from NLL of 73rd St. to SLL of 72nd St. Church Quantities 502.32 287.54 Mr. Brunken Quantities 502.32 284.96 20.20 Total Church Quantities 2,844.54 1,421.08 52.54 Total Mr. Brunken Quantities 3,281.09 1,583.04 20.20 52.54 Total City Quantities 728.33 5.56 Total All Quantities 6,853.96 3,004.12 20.20 110.64 3'74 SEp 2 31976 COST ESTIMATE 6,853.96 S.Y. Paving 6" Base @$ 2.55 $17,477.60 3,004.12 L.F. Curb & Gutter @$ 2.55 $ 7,660.51 20.20 S.Y. Alley Return @$10.90 $ 220.18 110.64 S.Y. Valley Gutter @$ 1.00 $ 110.64 CONTRACT COST $25,468.92 COST DISTRIBUTION Unit & Contract Church City Mr. Brunken Sub -Unit Cost Cost Cost Cost 2019-71 $ 9,839.33 $ 4,457.86 $ 5,381.47 2019-72 $11,387.70 $ 4,457.86 $1,862.80 $ 5,067.04 2019-73 $ 4,241.89 $ 2,014.14 $ 2,227.75 Total $25,468.92 $10,929.86 $1,862.80 $12,676.26 Total Contract Cost $25,468.92 Less City Cost 12862.80 Total Developer Cost $23,606.12 76-35-374-801 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor (35) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RF.g0T.TTTTf1N RESOLUTION ACCEPTING IMPROVEMENTS ON (PORTIONS) OF (STREETS AND AVENUES) AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdivider of Mesa Park Addition - Lots 1-131, made arrangements with Kerr Construction Company for the construction of paving improvements on certain (streets) dedicated in said sub- division plat of Mesa Park Addition - Lots 1-131 including the following (streets): 73rd Street from its intersection with the centerline of Elkhart Avenue to its intersection with the centerline of Albany Avenue (North Leg) known and designated as (New Subdivision) Sub -Unit Number 48 of UnitNumber 2018. 72nd Street from its intersection with the east lip line of Elkhart Avenue to its intersection with the west lip line of Chicago Avenue known and designated as (New Subdivision) Sub -Unit Num- ber 49 of Unit Number 2018. 71st Street from its intersection with the east lip line of Elkhart Avenue to its intersection with the west lip line of Chicago Avenue known and designated as (New Subdivision) Sub -Unit Number 50 of Unit Number 2018. 70th Place from its intersection with the east lip line of Elkhart Avenue to its intersection with the west lip line of Chicago Avenue known and designated as (New Subdivision) Sub -Unit Number 51 of of Unit Number 2018. Dover Avenue from its intersection with the south lip line of 72nd Street to its intersection with the north lip line of 73rd Street known and designated as (New Subidvision) Sub -Unit Number 52 of unit Number 2018. Chicago Avenue from its intersection with the south lip line of 73rd Street to its intersection with (a line) 7.00 feet North of the north property line of Alley south of 73rd Street known and designated as (New Subdivision) Sub -Unit Number 53 of Unit Number 2018. Chicago Avenue from its intersection with the north lip line of 73rd Street to its intersection with (a line) 7.00 feet North of the north property line of Alley north of 70th Place known and designated as (New Subidvision Sub -Unit Number 54 of Unit Number 2018. Bangor Avenue from its intersection with the north lip line of 73rd Street to its intersection with (a line) 7.00 feet north of the north property line of Alley north of 73rd Street known and designated as (New Subidivision) Sub -Unit Number 55 of Unit Number 2018. Albany Avenue from its intersection with the south lip line of 73rd Street to its intersection with (a line) 7.00 feet North of the north property line of Alley south of 73rd Street known and designated as (New Subdivision) Sub -Unit Number 57 of Unit Number 2018. Bangor Avenue from its intersection with the south lip line of 73rd Street to its intersection with (a line) 7.00 feet north of the north property line of Alley south of 73rd Street known and designated as (New Subdivision) Sub -Unit Number 56 of Unit Number 2018. East 1/2 of Elkhart Avenue from its intersection with the north lip line of 73rd Street to its intersection with (a line) 7.00 feet north of the north property line of Alley north of 70th Place known and designated as (New Subdivision) Sub -Unit Number 58 of Unit Number 2018. AND WHEREAS, the construction of the above improvements on the abovementioned (streets) was performed under the supervision of the City Engineer, and said improvements have been com- pleted and have been inspected and found to have been constructed in accordance with City specifi- cations and in accordance with the provision of City Ordinance 1331. THEREFORE, BE IT RESOLVED BY THE CITY OF LUBBOCK, TEXAS. 3'75 0" F1 S£P 2 3 19 I. That the improvements on said portions of the abovementioned (streets) be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment of the City's portion of the cost (and to release escrow money). II. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 23rd DAY OF SEPTEMBER, 1976. /s/ Roy Bass ATTEST: ROY BASS, MAYOR /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED: APPROVED: /s/ Wilford D. Watson /s/ Fred 0. Senter, Jr. Wilford D. Watson, City Engineer Fred 0. Senter, Jr., City Attorney CONSOLIDATED FINAL ESTIMATE Mesa Park Addition - Lots 1-131 Accepted September 23, 1976 QUANTITIES S.Y. Unit & Paving Sub -Unit Location 6" Base 2018-48 73rd St. from Centerline of Elkhart Ave. to Centerline of Albany Ave. (N. Leg) Developer Quantities 9,524.72 City Quantities 2,925.38 2018-49 72nd St. from ELL of Elkhart Ave. to WLL of Chicago Ave 3,869.29 2018-50 71st Street from ELL of Elkhart Ave. to WLL of Chicago Ave. 3,444.78 2018-51 70th P1. from ELL of Elkhart Ave to WLL of Chicago Ave. 3,141.56 2018-52 Dover Ave. from SLL of 72nd St. 1,042.08 to NLL of 73rd Street. 2018-53 Chicago Ave. from SLL of 73rd St. to 7' N. of NPL of Alley S. of 73rd St. Developer Quantities 473.16 City Quantities 82.20 2018-54 Chicago Ave. from NLL of 73rd S.X. L.F. Alley C&G Return L.F. Alley Gradina_Gutter S.Y. Alley 4,671.29 21.31 7401.69 96.59 11.11 2,093.24 1,938.44 1,775.56 590.98 40.40 271.14 St. to 7'N. of NPL of Alley N. of 70th Place Dveloper Quantities 4,410.59 1,909.14 152.71 City Quantities 1,230.82 2018-55 Bangor Ave. from NLL of 73rd St. to 7'N. of NPL of Alley N. of 73rd St. 685.11 327.11 38.18 2018-56 Bangor Ave. from SLL of 73rd St. to 7'N. of NPL of Alley S. of 73rd St. 499.49 271.14 2018-57 Albany Ave. from SLL of 73rd St. to 7'N. of NPL of Alley S. of 73rd St. 559.57 275.07 8.01 2018-58 East 1/2 of Elkhart Ave. from NLL of 73rd St. to 7'N. of NPL of Alley N. of 70th Place 2,214.83 773.71 80.80 Total Developer Quantities 29,865.18 14,897.15 341.41 Total City Quantities 4,238.40 Total Quantities 34,103.58 14,897.15 341.41 COST ESTIMATE 34,103.58 S.Y. Paving 6" Base @ $ 2.45 $ 83,553.77 14,897.15 L.F. Curb & Gutter @ $ 2.90 $ 43,201.74 341.41 S.Y.Alley Return @ $10.75 $ 3,670.16 201.40 S.Y. Valley Gutter @ $ 1.00 $ 201.40 7,401.69 L.F. Alley Paving @ $ 0.10 $ 740.17 CONTRACT COST $131,367.24 55.88 37.82 7401.69 190.29 11.11 201.40 76 Ep 2 31976 76-35-376-802 (36) 76-35-376-803 (37) 76-35-376-804 (38) COST DISTRIBUTION Unit & Sub -Unit 2018-48 2018-49 2018-50 2018-51 2018-52 2018-53 2018-54 2018-55 2018-56 2018-57 2018-58 Totals Contract Cost $ 45,126.44 $ 15,550.16 $ 14,061.19 $ 12,845.94 $ 4,701.24 $ 2,146.94 $ 20,999.59 $ 3,038.53 $ 2,065.94 $ 2,292.58 $ 8,538.69 $131,367.24 Developer Cost $ 37,948.15 $ r15 , 550.16 $ 14,061.19 $ 12,845.94 $ 4,701.24 $ 1,945.55 $ 17,984.08 $ 3,038.53 $ 2,065.94 $ 2,292.58 $ 2,287.91 $114,721.27 City Cost $ 7,178.29 $ 201.39 $ 3,015.51 $10,395.19 Prepaid Pavine $ 6,250.78 $ 6,250.78 Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. PFCfIT_TTTTf1N Resolution accepting water and sewer system improvements for Lots 8-14, Block 25; Lots 5-8, Block 26; Lots 1-4, Block 27; Lots 1-7, Block 28, Rushland Park Addition. WHEREAS, the developer of Lots 8-14, Block 25; Lots 5-8, Block 26; Lots 1-4, Block 27; Lots 1-7, Block 28, Rushland Park Addition have complied with the provision of the City of Lubbock Code, Chapter 34, Article 2, by providing the water and sewer improvements for said addition in accordance with paragraph 61 of said Chapter 34, and, WHEREAS, the total utility cost to the developer is $18,233.39 with the improvements con- structed by Panhandle Construction Company having a value of $13,398.46 as determined by the unit prices established by said Chapter 34, and $4,834.93 cash paid to the City, with George R. Rush, the developer, to receive no refund in accordance with Chapter 34 of the Code of the City of Lubbock, WHEREAS, the construction of the said water and sewer improvements was performed under the supervision of the City Engineer and completed in accordance with the City of Lubbock's plans and specifications, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: 1. That the improvements by and the same are hereby accepted as an integral part of the water and sewer system of the City of Lubbock. 2. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 23rd day of September, 1976. Attested: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED: /s/ Wilford D. Watson wit€ord D. Watson, City Engineer /s/Roy Bass ROY BASS, MAYOR APPROVED: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7338 on first reading. ORDINANCE NO. 7338 AN ORDINANCE ABANDONING AND CLOSING THE FOLLOWING PORTIONS OF STREETS AND ALLEYS: A PORTION OF EAST MAIN STREET; A PORTION OF ALLEY IN BLOCK 1, RHYNE SIMPSON ADDITION; A PORTION OF STREET KNOWN AS EAST MAIN PLACE; A PORTION OF ALLEY IN BLOCK 2, RHYNE SIMPSON ADDITION; A PORTION OF STREET KNOWN AS EAST BROADWAY AND A PORTION OF NUTMEG AVENUE; ALL OF SAID PORTIONS OF STREETS AND ALLEYS BEING LOCATED IN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAP OF THE CITY OF LUBBOCK TO INDICATE THE CLOSING AND ABANDONMENT OF THAT CERTAIN PORTION OF STREETS AND ALLEYS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. PT?gOT TTTTCIN F El WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing and expansion and improvement of Oak Avenue in said City creating a need for additional right-of-way by said City 377 76-35-377-805 (39) FMI -- - SEP 2 3 197 to accomplish such purposes, and this City Council of said City finds it to the best public in- terest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A parcel of land out of Section 1, Block E, Lubbock County, Texas, being more particularly described as follows: BEGINNING at a point, said point being the Southwest corner of Lot 68, James Subdivision to the City of Lubbock, Lubbock County, Texas; THENCE South 65035'8" East a distanceof 14.82 feet to a point, said point being the beginning of a curve whose radius point bears South 24°24'52" West 52.00 feet and having a delta angle of 146°44'8" and a radius of 52.00 feet; THENCE around said curve in the Southeasterly direction, an arc length distance of 133.17 feet to a point; THENCE North 104.85 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said land including W. A. Rodgers, be offered through the Right -of -Way Department of the City of Lubbock the amount of $151.00, which is the amount appraised as the value and total damages for the fee simple title and acquisition of said real estate here- inabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forth with the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceed- ings to acquire the fee simple title to said land as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 23rd day of September, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney /s/ Roy Bass ROY BASS, MAYOR Motion was made by Councilwoman Jordan, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. W CC1T TTTTOM WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine the public needs, safety, and welfare demands and creates a public necessity for the widening, constructing, reconstructing and expansion and im- provement of Oak Avenue in said City creating a need for additional right-of-way by said City to accomplish such purposes, and this City Council of said City finds it to the best public interest and for public purposes and municipal purposes to proceed with the acquisition of lands as needed for such purposes as aforesaid; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the fee simple title to the following described real estate located in Lubbock County, Texas, be acquired for public purposes and municipal purposes as set forth in the preamble hereof, to -wit: A parcel of land out of Section 1, Block E, Lubbock County, Texas, being more particularly described as follows: BEGINNING at the Southeast corner of Lot 69, James Subdivision to the City of Lubbock, Lubbock County, Texas; THENCE East 60.00 feet to a point; THENCE South 104.85 feet to a point, said point being the beginning of a curve whose radius point lies North 8°51'West, a distance of 52.00 feet, and having a delta angle of 98°51' and a radius of 52.00 feet; THENCE around said curve in a Northwesterly direction an arc length district of 89.71 feet to a point; THENCE North 53.47 feet to the POINT OF BEGINNING. SECTION 2. THAT the owners of said land including Clovis L. Branum be offered through the Right -of -Way Department of the City of Lubbock the amount of $251.00, which is the amount apprais- ed as the value and total damages for the fee simple title and acquisition of said real estate hereinabove described for the purposes herein stated, for the use and benefit of the City of Lubbock, located in Lubbock County, Texas, and unless accepted forth with the City Attorney of said 3'7$ Ep 2 3 1976 City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the fee simple title to said land as hereinabove described for public pur- poses and municipal purposes. Passed by the City Council this 23rd day of September, 1976. /s/ Roy Bass ATTEST: /s/ Treva Phillips _ Treva Phillips, City Secretary -Treasurer ' 76-35-378-806 Marvin Coffee, Director of Aviation, appeared before the City Council and stated he had received (41) verbal communication from the FAA in Albuquerque that the grant offer was coming, and it would be appropriate to accept it. Councilman Henry stated that Congressman Mahon's office had been contacted and he had stated the offer was coming. Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the following resolution be passed accepting grant offer in the amount of $3,680,000 subject to the fact that if some mail communication bogs down, and some discrepancy in dates exist, the City Council might need to consider it at a later date. RESOLUTION ACCEPTING GRANT OFFER AND APPROVING AND ENTERING INTO GRANT AGREEMENT AND DECLARING AN EMERGENCY BE IT RESOLVED by the Mayor and City Council of the City of Lubbock, Texas, (hereinafter termed "city"): SECTION 1. That the City, acting through its Mayor and City Council, hereby accepts the Grant Offer as made by the Acting Chief, Albuquerque Airports District Office, Southwest Region, Federal Aviation Administration, under date of September 23, 1976, for the purposes therein set out; that said City hereby accepts all of the terms, conditions, and obligations therein and there- by imposed, and by acceptance of same does ratify the Application for Federal Assistance, and acknowledge such instruments as constituting a solemn and binding agreement with the United States Government for the purposes of obtaining Federal aid in the development of the Lubbock Regional Airport, and that a copy of such agreement is attached hereto, incorporated herein by reference, and made part hereof as though set forth at length herein. SECTION 2. That the Mayor of the said City is hereby authorized and directed to evidence the City's agreement by affixing his signature to such agreement, which is hereby executed in sex- tuplicate, and the City Secretary -Treasurer is hereby authorized to attest said execution. SECTION 3. For the preservation of the public peace, health, and safety, an emergency is hereby declared to exist by reason whereof this Resolution shall be in full force from and after its passage and approval. PASSED, APPROVED, AND ADOPTED by a majority vote of the City Council of the said City and approved by me this 23rd day of September, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney /s/ RoX Bass ROY BASS, MAYOR See Grant Agreement on file in the Office of the City Secretary. 76-35-378-807 Motion was made by Councilman West, seconded by Councilman McAlister, motion carried, Mayor (42) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7339 on first reading. ORDINANCE NO. 7339 AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Lubbock finds it is necessary to appropriate certain specific funds out of bond funds for an approved project; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: There is hereby appropriated out of the following described bond fund, to -wit: AIRPORT CAPITAL PROJECT FUND The sum $494,553.00 For the following purpose: Division #1-ADAP PROJECT NO. 8-48-0138-08 Overlay of Runway 17R/35L City Share- $494,553.00 FAA Share - $4,450,979.00 SEP 23197 r r 76-35-379-808 Motion was made by Councilwoman Jordan, seconded by Councilman West, motion carried, Mayor (43) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RRSnr.ITTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the City of Lubbock, BE and is hereby authorized and directed to execute an Agreement between the CITY OFLUBBOCK and LUBBOCK MEALS ON WHEELS, INC., covering delivery of meals under the Community Services Program, attached herewith which shall be spread upon the Minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of September, 1976. ATTEST: /s/ Treva Philli s Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter Jr. Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK /s/ Roy Bass ROY BASS, MAYOR CONTRACT FOR PERFORMANCE OF SERVICES This contract and agreement is made and entered into by and between the CITY OF LUBBOCK, TEXAS, acting through its COMMUNITY SERVICES DEPARTMENT, hereinafter referred to as "CITY" and LUBBOCK MEALS ON WHEELS, INC., hereinafter referred to as SUB -CONTRACTOR. The Parties here- to have severally and collectively agreed and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the tasks hereinafter described: SECTION I. PERFORMANCE OF SUB -CONTRACTOR Sub -Contractor shall, in a complete and satisfactory manner, supervise and be responsible for the preparation and delivery of well-balanced, nutritional meals to the elderly and handi- capped poor, within the City of Lubbock, who are unable themselves and have no one else avail- able to prepare adequate meals. The estimated number of meals to be prepared and delivered is 7,273 meals, more or less. Sub -Contractor shall deliver these meals with volunteers, whose work shall be computed in such manner that an audit shall reveal approximately $4,000.00 of in -kind contribution by volunteers. SECTION II. PERIOD OF PERFORMANCE All performances to be rendered by Sub -Contractor hereunder shall commence September 1, 1976, and shall continue until the number of meals delivered to the poor shall have met or exceeded the amount stipulated in Section I. SECTION III. METHOD OF PAYMENT Subject to Sub -Contractor's continuing full and satisfactory performance of the terms of this Contract, CITY shall pay to Sub -Contractor the total sum of $12,000.00, based on the deliver of 7,273 meals, with payment in accordance with such delivery to be made prior to September 30, 1976. In no event shall the total of all payments, liabilities, obligations, or other considera- tions from and of CITY to Sub -Contractor exceed the total sum of $12,000.00 SECTION IV. REPORTING The Sub -Contractor shall submit such records, information and reports in such form and at such times as may re required by the CITY. The final report shall include a detailed description of the expenditures of funds paid to Sub -Contractor under the terms hereof by both object and function, and shall include full docu- mentation of volunteer services equaling or exceeding the computed amount of $41.000.00. SECTION V. AUDIT The Sub -Contractor shall furnish Department with an audit report of an audit conducted by an independent certified public accountant or a licensed public accountant covering funds awarded under this Contract for the Contract period. An audit performed as a part of Sub -Contractor's regular program audit will be accepted by the CITY provided audit reports are furnished the I CITY which cover the above -specified period of time. SECTION VI. DEPARTMENT MONITORING The Sub --Contractor shall permit the CITY to inspect and shall make available to CITY for in- spection any or all pertinent records, files information or other written material maintained by Sub -Contractor or any person or other entity with whom any portion of the performance here- under has been subcontracted. The Sub -Contractor shall permit the CITY free access to all pre- mises under its control or under the control of any person or other entity with whom any portion of the performance hereunder has been subcontracted. Ep 2 3 1976 SECTION VII. MAINTENANCE OF EFFORT The Sub -Contractor agrees that the funds and resources provided the Sub -Contractor under the terms of this Contract will be used solely for expenditures in payment of the performance required of Sub -Contractor by this Contract, and that such funds and resources will in no way be substituted for funds and resources from other sources nor in any way serve to reduce the re- sources, services, or other benefits which would have been available to,or provided through, the Sub -Contractor had this Contract not been executed. SECTION VIII. INDEPENDENT CONTRACTOR It is expressly understood and agreed by both parties hereto that the CITY is contracting with Sub -Contractor as an Independent Contractor and the Sub -Contractor, as such, agrees to hold the CITY harmless and to indemnify it from and against any and all claims, demands and causes of action of every kind and charcter which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with, the services to be performed by Sub - Contractor under this Contract. SECTION IX. AVAILABLE FUNDS It is expressly understood and agreed by the parties hereto that all performances on the part of CITY are contingent upon and subject to actual receipt by CITY of sufficient and adequate funds and/or other consideration from the sources contemplated by this Contract outside the CITY to fully perform the obligations and duties of CITY as specified by this Contract. SECTION X. CHANGES Any alteration, addition or deletion to the terms of this Contract shall be by amendment hereto in writing and executed by both parties hereto except as may be expressly provided for in someother manner by the terms of this Contract. SECTION XI. COMPLIANCE WITH LOCAL LAWS Sub -Contractor shall comply with all applicable laws, ordinances, codes and regulations of the state, local and federal governments. SECTION XII. EQUAL EMPLOYMENT OPPORTUNITY The Sub -Contractor will not discriminate against any employees employed in the performance of this Contract, or against any applicant seeking employment on the basis of race, sex, color, religion, national orgin or creed. Sub -Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, with regard to their race, sex, creed, color, or national origin. This requirement shall apply to, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SECTION XIII. EQUAL OPPORTUNITY Sub -Contractor agrees that no person shall, on the ground of race, sex -creed, color, reli- gion or national origin, be excluded from participation in, be denied the proceeds of, be denied the benefits of, or be subject to discrimination in the performance of this Contract. SECTION XIV. CONFLICT OF INTEREST No officer or employee of CITY and no member of the CITY'S ADVISORY COUNCIL, and no employee of Sub -Contractor, and no member of Sub -Contractor's governing board or body, and no person who exercises any functions or responsibilities in the review of approval of the undertaking or carry- ing out of this Contract shall participate in any decision relating to this Contract whichaffects his personal pecuniary interest. Sub -Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. Sub -Contract further covenants that in the per- formance of this Contract no person having any such interest shall be employed. WITNESS OUR HANDS THIS 23rd DAY OF SEPTEMBER, 1976. LUBBOCK MEALS ON WHEELS, INC. Sub -Contractor CITY OF LUBBOCK /s/ Roy Bass ATTEST: ROY BASS, MAY /s/ Treva Phillips Treva Phillips, City Secretary -Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney 1 31 amp a* SEP 23 1976 76-35-381-809 Motion was made by Councilman Henry, seconded by Councilman McAlister, motion carried, Mayor (44) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that the follow- ing resolution be passed. RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the City of Lubbock, BE and is hereby authorized and directed to execute a LEASE AGREEMENT between the CITY OF LUBBOCK and RON SEWELL FORD for rental of City owned build- ings, attached herewtih which shall be spread upon the Minutes of the Council and as spread upon the Minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 23rd day of September, 1976. ATTEST: /s/ Treva Phillips Treva Phillips, City Secretary --Treasurer APPROVED AS TO FORM: /s/ Fred 0. Senter, Jr. Fred 0. Senter, Jr., City Attorney THE STATE OF TEXAS I COUNTY OF LUBBOCK I /s/ Roy Bass ROY BASS, MAYOR LEASE AGREEMENT THIS AGREEMENT entered into this day between THE CITY OF LUBBOCK as LESSOR, and RON SEWELL FORD, A CORPORATION, of Lubbock County, Texas, as LESSEE, WITNESSETH• I. That said CITY OF LUBBOCK, acting by and through its duly authorized officers by these presents does lease and demise unto RON SEWELL FORD the following described real estate, situated in the County of Lubbock, State of Texas, to -wit: All of Lots 1 through 10, Block 72, Original Town of Lubbock, Lubbock County, Texas; All of Lots 5 through 14, 18 and 19, Block 71, Original Town of Lubbock, Lubbock County, Texas; All of Lots 17 and 18, Block 72, Original Town of Lubbock, Lubbock County, Texas; All of Lots 16, Block 72, Original Town of Lubbock, Lubbock County, Texas; on a month to month basis, beginning September 1, 1976, and continuing on such basis until ter- minated by either party hereto or by operation of the terms and conditions herein. II. Lessee agrees to pay to the Lessor at Lubbock, Texas, the sum of FOUR THOUSAND AND N0/100 DOLLARS ($4,000.00) each month for the term of this agreement with the first payment due on September 1, 1976 and a like payment due on each succeeding month of this agreement. Lessor agrees to adequately insure and pay premiums on all policies of insurance against fire, windstorm, explosion and other hazards now or hereafter taken upon said improvements with loss payable to Lessor, and Lessee will pay no property insurance upon the improvements belonging to Lessor. Lessee agrees to make all necessary repairs and replacements to the improvements, except that which is necessary because of normal wear and use, and further, those contemplated in Paragraph VII of this Lease, at his own cost and expense. IV . The Lessee agrees to take good care of said property and fixtures during the term of this lease and shall suffer no waste and shall make no improvements in and to the demised premises without the consent of the Lessor in writing. V. That the Lessee shall promptly execute and fulfill all the Ordinances of the City Corpora- tion and State Laws applicable to said premises, and all orders and requirements imposed by the Board of Health, sanitary and police departments of the City Government, and the County and State authorities for the correction, prevention and abatement of nuisances in, upon or connected with said premises during the terms of the lease, at its own expense. VI. That the Lessee shall not assign or sublet the premises or any part thereof, without the consent of the Lessor in writing, or to permit any other person to occupy said premises other than the Lessee. z 382 SEp 2 31976 VII. In the event the leased premises shall be destroyed by fire, windstorm or the Act of God or public enemy, or shall be so damaged by any of such causes as to be unfit for occupancy, the Lessee shall forthwith give notice to the Lessor, and the rental payable hereunder shall abate for the period of time beginning on the date such premises are unfit for occupancy and ending when said premises have been restored to a habitable condition; provided that should only a portion of the premises be rendered unfit for occupany, the abatement of rental shall be proportionate, on the basis of the proportion of the number of square feet rendered unfit for use to the total num- ber of square feet completed in the premises above described, provided further that Lessor may at its election, in the event of substantial damage or destruction, terminate this Lease without repairing or replacing the improvements so damaged or destroyed, in which event Lessee shall not be under any liability for the payment of rental for any period of time subsequent to the date upon which such damage or destruction occurs, and the rent shall be prorated for the particular month in which the destruction occurs. VIII. That in case of default of any of the aforesaid covenants, Lessor shall give notice in writ- ing to Lessee of such default, and if such default is not cured by the Lessee within twenty (20) days from the date notified, the Lessee shall be liable to the Lessor for reasonable attorneys' fees and the Lessor may enforce the performance thereof in any manner provided by law, and may declare the Lease forfeited at its discretion, and it, its agent or attorneys, shall have the right, without further notice or demand, to re-enter and remove all persons therefrom without being deemed guilty of any manner of trespass, and without prejudice to the rights of the Lessor to endorse all the covenants contained in this Lease contract, and it, its agents or attorneys, may resume possession of the premises and re -let the same for the reminder of the term at the best rent they may obtain in case of breach of any of the covenants of this contract, and the Lessor shall have a lien as security for any rents upon all the furnishings and fixtures which are or may be put on the demised premises by the Lessee. IX. That the Lessor shall not be liable to the Lessee or to the Lessee's employees, patrons or visitors for any damage by reason of the construction of said building, and the Lessee accepts such premises as suitable for the purposes for which same are leased, and agrees to hold the Lessor harmless for all claims for any damage. ►M If Lessee shall neglect or fail to perform and observe any of the obligations resting upon it under the terms of this agreement or shall be declared bankrupt according to law or if any assignment shall be attempted to be made of said proerty for the benefit of creditors, then in either of such cases, Lessor may, on twenty (20) days' notice in writing, or at any time there- after while such neglect or default continues and without further notice or demand, enter into and upon the said premises or any part thereof, and repossess the same and expel Lessee and remove its effects without being guilty of any manner of trespass and without prejudice to any remedies which otherwise may be used for possession or for arrears of rent, and that upon entry as afore- said, the rights of the Lessee in this Lease shall cease and terminate. In the event Lessee's rights in this Lease shall be terminated for non-payment of rent, such termination shall in no wise impair or affect Lessee's liability for the full amount of rent hereinabove provided for, and Lessor is authorized, in the event it shall repossess said premises as hereinabove authorized, to lease the same for Lessee's account at the best rental obtainable. Nothing contained in this paragraph shall be construed so as to alter, impair, diminish or affect Lessor's statutory Landlord's Lien or the contract lien hereinafter provided for, or other lien or remedies avail- able to Lessor under the Laws of Texas or the terms of this agreement, to secure payment of the rental payable under this Lease. XI. This contract shall be binding upon the heirs and assigns of the parties hereto. XII. In the event the Lessor desires to terminate this agreement at the end of any monthly term, notice shall be given by the Lessor to the Lessee at his place of business, in writing stating that the lease is to be terminated thirty days from the date of such notice. Lessee shall within such time, remove his property from the leased premises. Executed this 23rd day of September, 1976. RON SEWELL FORD CITY OF LUBBOCK /s/ Roy Bass _ PRESIDENT ROY BASS, MAYOR ;76-35-382-810 The City Council reconsidered budget programs for the Health Department and motion was made by (45) Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay that a maximum of $37,434 be added to the Health Department budget for Maternity Clinic Services inside the city limits, contingent upon funds being received by the Lubbock County Hospital District, with the understanding the State will furnish some matching funds to be used outside the city limits; meanwhile these ser- vices will be funded by $14,000 coming from Community Services Administration Funds, and the balance of $23,434 from unappropriated funds of 1976-77 budget (fund balance). It was the con- sensus of the City Council that nominal fees be charged for services for those able to pay. M 3� SEP 2 3 76-35-383-811 The following bids were received for the purchase of electric service cable for Warehouse Stock, (46) being Bid No. 4016. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Fields & Co. for the purchase of electric ser- vice cable for Warehouse Stock. 76-35-383-812 The following bids were received for the purchase of miscellaneous water items for Warehouse (47) Stock, being Bid No. 4021. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Counci woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Western Industrial Supply, Amarillo, for the purchase of Items 1, 2, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20 and 21; accept the bid of M.B. McKee for the purchase of Items 3, 4, 5, 6, and 19. 76-35-383-813 The following bids were received for the purchase of 4" and 7" sewer pipe for Warehouse Stock, (48) being Bid No. 4043. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, secodded by Councilwmoan Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and `McAlister voting Yea, none voting Nay to accept the bid of Fields and Company for the purchas4 of 4" and 6" sewer pipe for Warehouse Stock. 76-35-383-814 The following bids were received for the purchase of miscellaneous electric items for Warehouse (49) Stock, being Bid No. 4027. I i Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of American Pole Structures Corp., Houston, for the purchase of Items 1 and 3; accept the bid of General Electric Supply Co. for the purchase of Items 2 and 5; accept the bid of Temple, Inc., for the purchase of Item 4. 76-35-383-815 The following bids were received for the purchase of miscellaneous water valves for Warehouse (50) Stock, being Bid No. 4036. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Counci woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Western Industrial Supply Co., Amarilo, for the pur- chase of Item 1; accept the bid of American -Darling Valve & Mfg., Dallas, for the purchase of Items 2 and 3. 76-33-383-816 The following bids were received for the purchase of traffic citation forms for Municipal Court, (51) being Bid No. 4033. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Moore Business Forms for the purchase of traffic citation forms for Municipal Court. 76-35-383-817 The following bids were received for the purchase of miscellaneous sprockets for conveyor chain (52) at Water Reclamation, being Bid No. 4049. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Counci woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Hitachi Metals American, Ltd., Des Plains, Illinois, for the purchase of miscellaneous sprockets for conveyor chain at Water Reclamation. 76-35-383-818 The following bids were received for a chain link fence at bus parking storage, being Bid No. (53) 4050. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Counci woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of U.S. Steel Cyclone Fence, San Antonio, for the purchase of a chain link fence at bus parking storage. 76-35-383-819 The following bids were received for the purchase of insecticides for the Health Department, (54) being Bid No. 4052. Bid Tabulation set in Bid Book. fi �l S E P 2 3 1976 76-35-384-820 (55) li N 76-35--384-821 i (56) After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan,Henry and McAlister vot- ing Yea, none voting Nay to accept the bid of Public Health Equipment & Supply Co., San Antonio, for the purchase of Item 1; accept the bid of Helena Chemical Co, for the purchase of Items 2, 3, and 4. The following bids were received for the purchase of fencing materials for Park & Recreation Department, being Bid No. 4055. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Jamieson Manufacturing Co., Dallas, for the purchase of fencing materials for Park & Recreation Department. The following bids were received to establish price for a period of one year on various types and sizes of transformers, being Bid No. 4031. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept bids as set out below: , BID N4031 1976 DISTRIBUTION TRANSFORMERS CLOSE 9-10-76 SECTION DE-0012-5 - 1 PMASE POLE FULLW04D VAN TRAM SESCO BERNARD-BREWER GESCO TEMPLE McKINLEY SALES RTC WESCO WESTINGHOUSE HOWARD IND. CMC G.E. G.E. ITEM KVA 1. 75 120/240 200/4160 0 717.57 NO 910 Q2 B22.00 Q 697.00 ® 722.88 Q7 774.59 03 79D.19 SO 880.O0 2. 100 120/240 2400/4160 O 871.34 " 07 936.00 O 793.00 O 822.08 © 881.18 02 916.71 O 1002.00 3. 15 120/240 4160/7200 Q2 268.34 © 297.00 0 252.00 03 263.83 p 282.82 Qg 278.95 7O 319.00 4. 25 1201240 4160/7200 0 332.66 0 366.00 O 310.00 2Q 323.98 03 346.14 05 342.21 ® 392.00 5. 50 120/240 4160/7200 O 505.52 4Q 562,00 0 476.00 05 494.94 © 530.82 0 540.29 07 602.00 6. 75 120/240 4160/7200 0 729.63 Q 822.00 2Q 697.00 05 722.88 O7 774.59 03 769.45 © $80.00 7. 100 120/240 4160/7200' 0 868.32 07 936.00 01 793.00 05 822.08 ® 881.18 O 916.71 O 1002.00 8. 10 120/240 7200/12470 3Q 236.18 © 210.00 ® 259.00 ® 219.00 01 211.11 O 246.94 05 230.21 O 250.00 9. 15 120/240 7200/12470 05 266.13 ® 235.00 OB 297.00 lO 252.00 O 263.83 Q 282.82 O 277.92 0 271.00 10. 25 120/240 7200/12470 05 320.60 07 278.00 © 366.00 tQ 310.00 Q3 323.98 Q 346.14 Q2 324.58 08 336.00 11. 50 120/240 7200/12470 05 485.42 118 427.00 ® 562.00 Q 476.00 30 494.94 4O 530.B2 02 525.76 07 492.00 12, 75 i2o/240 7200/12470 07 694.46 ® 684.00 0 822.00 Qi 697.00 05 722.88 © 774.59 (D 772.57 793.00 13. 100 1201240 7200/12470 07 884.40 Q 778.00 08 936.00 Qi 791.00 05 822.08 © 881.18 O3 901.15 O 934.00 14. 167 120/240 7200/12470 05 1190.93 07 1202.00 ® 1444.00 O 1290,00 03 1267.42 4 1358.17 ® 1279.66 01 1442.00 15, 250 120/240 7200/12470 Q 1575.84 03 1617.00 Q5 1944.00 (D 1790.00 © 1811.95 07 1964.97 © 1775.34 02 1941.00 16. 333 120/240 7200/12470 O 2079.35 O3 1888.00 05 2269.00 0 2221.00 © 2113.77 07 2293.17 © 2103.04 1Q 2265.00 17. 500 12o/240 7200/12470 03 2790.89 Q 2634.00 07 3168.00 ® 3287.00 05 2949.56 © 3199,67 08 3112.04 02 1162.00 18. 10 240/480 7200/12470 O 238.19 No BID 0 259.00 Q 219.00 01 231.11 03 246.94 Q5 242.66 ® 250.00 19. 15 2401480 7200/12470 05 288.44 © 297.00 O1 252.00 0 263.83 Q 282.82 O 277.92 D 287.00 20. 25 240/480 720011247D Q5 325.62 © 366.01) 1Q 310.00 02 323.98 0 346.14 ® 342.21 Q7 353.00 21. 50 240/480 7200/12470 0 495.47 0 562.00 Di 476.00 Q 494.94 Q5 530,82 03 525.76 © 514.00 22. 75 2401480 7200/12470 07 661.29 © 822.00 01 697.00 04 722.88 O5 774.59 Q 731.09 03 793,00 23. 100 240/480 7200/12470 0 781.89 7Q 936.00 0 793.00 05 822.08 ® 881.18 04 876.27 Q 903.00 24. 167 2401480 7200/12470 05 1184.90 07 1380.00 O 1235.00 02 1210.43 0 1298.02 © 1279.66 lO 1378.00 25. 250 340/480 7200/12470 Q3 1477.35 © 1771.00 02 1643.00 O 1650.49 05 1790.84 07 1775.34 lO 1768.00 " n 2096.00 02 2074.00 05 1953.36 ® 2117.99 Q7 2103.04 01 2092.00 iJ 3112.04 O 2729.00 BID- THIS BID WAS EVALUATED ON PRIORITY BASIS AS PER CIRCLET} EVALUATION BASED FIGURES ON AUG. 1976 BUREAU OF LABOR INDIVIDUAL STANDARDS, ALSO TH E BIDS WERE EVALUATED BASED ON FULL LOAD LOSSES NO LOAD LOSSES, 100% REGULATION,REGULATION. 1 SO°/, REGULAT I ON. 36. 500 24uu 37• 10 120/240 12KV 13.2KV © 247.23 " U ��7•�� v 38. i5 120/24o 12KV - 13.2KV © 293.46 " O 297.00 0 286.00 O 263.83 0 282.82 25 1201240 12KV - 13.20 ® 352.76 05 366.00 2Q 345.00 03 323.98 (D 346.14 Di 324.58 Q7 194.00 39. 4o, 50 120/240 12KV - 13.2KV © 521.60 " (D 562.00 02 510.00 O 494.94 (D 530.82 lQ 525.76 7O 561.00 41. 75 120/240 12KV - 13.2KV 07 730.64 0 822.00 03 741.00 05 722.88 ® 774.59 Q 769.45 Q 844.00 42. 100 120/240 12KV - 13.2KV © 838.17 " 0 936.DO 02 847.00 O 822.08 05 881.18 1O 939.52 ( 964.00 43. 167 120/240 12KV - 13.2KV © 1276.35 O 1444.00 03 1410.00 1Q 1262,42 2Q 1358.17 O 1279.66 (D 1453.00 44. 250 120/240 12KV - 13.2KV 03 1542.68 " 0 1944.00 O2 1805,00 NO BID NO BID 05 1775.34 0 1952.00 45. 333 120/24o 12KV - 13.2KV 0 2120.55 " 09 2269.00 2228.00 05 2113.77 ® 2293.17 07 2103.04 lO 2277.00 46, 5oo 120/240 12KV - 13.2KV zQ 2708.48 Q 3t66.00 03 3317.DO NO BIT' NO BID 05 3112.04 0 3173.00 47. 10 240/480 12KV - 13.2KV 20 238.19 O 259.00 ® 273.00 01 231.11 O 246Tr N* 2�V6C FF L 7O 311.00 Page 1 of 3 SEP 2 3 19? 44 A 76-35-385-822 The following bids were received for the purchase of 3/4" water meters for the Water Department (57) being Bid No. 3988. Bid Tabulation set in Bid Book. After consideration of all bids received, motion was made by Councilman Henry, seconded by Council- woman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to accept the bid of Clowe & Cowan, Inc., for the purchase of Items 1 and 4; accept the bid of Viking Supply Co., Houston, for the purchase of Items 2 and 3. 76-35-385-823 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (58) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Kenneth F. Horne to the Civic Centers Board. This term is for three years and will expire August 1, 1979. 76-35-385-824 Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor (59) Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint the following people to the Building Code Study Committee to study the 1976 Uniform Building Code: 76-35-385-825 (60) 1; 76-35-3385-826 () 76-35-385-827 (62) Darrell Vines Henry Huneke M. B. Smith Ernest W. Kiesling Everette Abernathie Calvin G. Walker H. R. Bundock Tom Raye Kent Forrest Harold Biffle. Motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7340 on first reading. ORDINANCE NO. 7340 AN ORDINANCE AMENDING ORDINANCE NO. 7310 OF THE CITY OF LUBBOCK, WHICH ANNEXED PROPERTY ADJACENT TO THE CITY OF LUBBOCK, BY CORRECTING SAID ORDINANCE TO CORRECTLY REFLECT THE INTENT OF THE CITY COUNCIL; PROVIDING FOR CORRECTION OF CITY MAP TO INCLUDE THIS ADDITIONAL TERRITORY; PRO- VIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion arried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint Dr. Merron H. Teague to the Human Relations Commission to replace Roy Roberts who resigned. This term expires May 25, 1978. Motion was made by Councilman Henry, seconded by Councilwoman Jordan, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to appoint the following people to the Human Relations Commission: W. T. Garrett (to fill the unexpired term of Barbara Price, term expires 5-25-78) Rev. Hector R. Gonzales (to fill the unexpired term of Richard Ybarra, term expires 5-25-77) Jesse Rangel (to fill the unexpired term of Mrs. Lenin Juarez, term expires 5-25-78). 76-35-385-828 In accordance with the Notice of Paving Hearing of record in Minute Book 35, Page 328, Item 696, (27 hearing was held on the 1976 Paving Program. A number of persons appeared for the paving hearing. & Mayor Bass announced that the hearing was closed. After consideration of all information pre- 28) sented, motion was made by Councilwoman Jordan, seconded by Councilman Henry, motion carried, Mayor Bass, Councilmen West, Jordan, Henry and McAlister voting Yea, none voting Nay to pass Ordinance No. 7341 on first reading with the exceptions that Councilman Henry abstained from voting on Unit A-460-25 and Unit 2233-6 is approved conditioned on getting the right-of-way. G.W.O. 10,922 ORDINANCE NO. 7341 AN ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROV- ING A PORTION OF THE FOLLOWING EAST -WEST AND NORTH -SOUTH ALLEY LOCATED IN THE FOLLOWING BLOCKS AND ADDITIONS: THE EAST -WEST ALLEY ABUTTING LOTS 1 THRU 12, BLOCK 14, WEST GATE DRIVE ADDI- TION NO. 5; THE EAST -WEST ALLEY ABUTTING THE WEST 291 FEET OF LOT 534, THE EAST 150 FEET OF THE WEST 441 FEET OF LOT 534, AND THE EAST 141 FEET OF THE WEST 582 FEET OF LOT 534, KUYKENDALL HEIGHTS ADDITION; THE EAST -WEST ALLEY ABUTTING LOTS 11 THRU 16, BLOCK 4, WEST - HAVEN ADDITION, AND A TRACT OF LAND OWNED BY BEN STRIBLING IN WESTHAVEN ADDITION; THE NORTH - SOUTH -EAST -WEST ALLEY ABUTTING LOTS 429 THRU 443, FARRAR ESTATES ADDITION; THE NORTH -SOUTH ALLEY ABUTTING LOTS 1 THROUGH 20, BLOCK 38, ORIGINAL TOWN ADDITION AND INCLUDING A PORTION OF THE FOLLOWING STREETS: 79TH STREET, EAST 1/2 OF ELGIN AVENUE, ENGLEWOOD AVENUE, 48TH STREET, LOCUST AVENUE, UNIVERSITY AVENUE, AND 82ND STREET, SUCH PORTIONS BEING MORE PARTI- CULARLY DESCRIBED IN THE PAVING ASSESSMENTS OF THE CITY OF LUBBOCK ATTACHED HERETO AND MADE A PART HEREOF AND PORTIONS OF OTHER SUNDRY STREETS, HIGHWAYS, AVENUES AND/ OR ALLEYS IN THE CITY OF LUBBOCK, TEXAS, AND/OR ALONG THE BOUNDARIES OF SAID CITY AND PROVIDING FOR THE COLLEC- TION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THERE- OF, ALLOCATING FUNDS. WHEREAS, the City Engineer prepared rolls or statements for the improvements in each unit, showing the amounts to be assessed against the various parcels of abutting property, and the owners thereof, and showing other matters and things; and the same were examined by the City Council and approved, and a time and place was fixed for hearing to the owners of such abutting property, and to all others in anywise interested, and due and proper notice was given in compliance with law including notices mailed to each known property owner to be assessed addressed to his last known address as shown on the current City of Lubbock tax rolls, and such hearing was had and held at the time and place fixed therefore, to -wit: on the 23rd day of September, 1976, at 2:00 o'clock P.M. in the Council Room in the City of kf_• '9116A � ;EP 2 3 1976 Lubbock, Texas, and at such hearing all desiring to be heard were fully and fairly heard, and evidence was received and considered and all protests and objections made were considered, and said hearing was in all respects held in the manner provided and required by the charter and law in force in this City and by the proceedings of the City with reference to such matters, and the following protests were made concerning the improvements in the units indicated namely: Sub -Unit 12 of Unit A-460 Robert C. Johnson appeared opposing the proposed paving improvements. Charles E. Christmann indicated by letter that he opposed the proposed paving improvements. J. N. Kirkpatrick indicated by letter that he opposed the proposed paving improvements. Sub -Unit 25 of Unit A-460 Ben Stribling indicated in person that he opposed the proposed paving improvements. 0. V. Scott appeared in behalf of Ben Stribling opposing the proposed paving improvements. Sub -Unit 26 of Unit A-460 Hugh A. Thompson indicated by telephone that he opposed the proposed paving improvements. J. D. Badley appeared opposing the proposed paving improvements. Sub -Unit 86 of Unit 2229 Gene Chetty appeared opposing the proposed paving improvements. Sub -Unit 5 of unit 2233 0. D. Lindsey indicated by telephone that he was opposed to the proposed paving improvements. Sub -Unit 6 of Unit 2233 Clyde R. Owens indicated by letter and telephone that he was opposed to the proposed paving improvements. Jessie C. Evans indicated by letter that he was opposed to the proposed paving improve- ments. V. C. Stephenson indicated by letter that he was opposed to the proposed paving improve- ments. Carrie B. Primm indicated by letter that she opposed the proposed paving improvements. Sydney A. Moore indicated by letter that he opposed the proposed paving improvements. Vance J. Scoggin indicated by telephone that he opposed the proposed paving improvements. And all objections and protests made were fully considered and the City Council having fully and fairly heard all parties making any protest and all parties desiring to be heard, and having fully considered all matters presented for consideration, and having fully con- sidered all of the evidence, and all pertinent and proper matters is of opinion that the following desposition should be made of such protests and objections, and that assessments should be made as herein ordained, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: I. THAT all protests and objections, whether herein specifically mentioned or not, shall be and the same are hereby overruled and the said hearing, with respect to each and all sub- units and units, is hereby closed except that it was found that in street and alley paving Units and Sub -Units, Lots 468 thru 476, Kuykendall Heights Addition, of Sub -Unit 24 of Unit A-460; Lots 1 thru 10, Westhaven Addition, and a Tract of land owned by Kenneth A. Williams, Westhaven Addition of Sub -Unit 25 of Unit A-460; Lot 3, Splawn-Henry Addition of Sub -Unit 83 of Unit 2229; and Lots 1-A, 5-A, 7, 8, 11, 12, 15, 16, 19, and 113, University Pines Addi- tion of Sub -Unit 5 of Unit 2233 were erroneously included in the public notices and in the contemplated ordinance and in other proceedings; therefore NO ASSESSMENT shall be made against the property included in said Sub -Units and the City Engineer is hereby directed to delete and/or omit the engineer's assessment roll for said Sub -Unit consistent with this finding. NO FURTHER BUSINESS COMING UP FOR CONSIDERATION, THE CITY COUNCIL ADJOURNED FROM Regular Meeting, September 23, 1976, SS ATTEST: RO MISS, MAYOR 12 a --,� &2zaaa� Treva Phillips, Cit ecretary-Treasurer READ AND APPROVED THIS THE 14th day of October, 1976. ATTEST: ROY BA S, MAYOR Treva Phillips, City,ecretary-Treasurer